KalishLawTexas' legal blog The Woodlands

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26 Apr 2011

Courtroom Behavior 101 for Clients
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If you have a pending legal case that will require that you attend a trial or hearing, you may be a bit nervous. That is quite normal, even for people who have been down that road before.

If you have an uncontested matter (such as an agreed divorce, adoption, or probate case), you won’t have to worry about “the opposition”. That can make things less stressful, but most people still tend to worry about how they will appear, whether they will become tongue-tied and what to do if they are asked a question and don’t know the answer.

Here are some guidelines to help take some of the worry out of that court appearance:
1. Dress appropriately. No shorts (not even nice dress shorts), no T-shirts or tanks, nothing with a slogan printed on it. Do not chew gum. Look and feel professional and stand tall.
2. Don’t forget to turn off your cell phone. Since it is too easy to assume that it’s on vibrate when it isn’t, it’s best to turn it off altogether. Nothing angers a judge or bailiff more quickly than a ringing phone blasting away at an inappropriate time.
3. Watch your nervous habits. Laughing or smiling inappropriately can be misinterpreted as disrespect and constant throat clearing, humming, or change jingling can take the attention away from the case that is being presented.
4. When you have a bench trial (trial in front of the judge): Look the judge in the eyes when you answer him or her. Be respectful and pleasant, even if you don’t like the judge or what’s being said. If the judge asks you a question directly, answer him or her directly and briefly.
5. If you have a jury trial: The jury’s perception of you is very, very important. Be quiet and calm at all times. Do not roll your eyes, shake your head or glare at anyone. Be calm when communicating with your attorney in the jury’s presence. If you appear to be argumentative with your attorney (who is on your side), the jury members may decide that you are probably an unreasonable or difficult person to deal with in general.
6. Take your time in answering questions. Listen carefully to the whole question and answer as directly and briefly as you can. Speak up loudly enough to be heard. Speak distinctly and if you really don’t understand the question, say so.
7. Relax when appropriate. When you are in court for a happy occasion (finalization of an adoption, a name change, or to solidify an agreement that has been reached in a long-pending case), it is perfectly fine to smile, look happy, respond to congratulations from the judge and attorneys, and let out a big sigh of relief.
The above guidelines can help you make your courtroom visit less stressful. If things don’t go exactly as you planned, promise yourself to learn from the experience and do better if there is a next time.

The attorneys at the Kalish Law Office have been accompanying their clients to court since 1984. Located in The Woodlands, Texas, north of Houston. 281-363-3700
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22 Dec 2010

Divorce and Downsizing in Difficult Economic Times
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Divorce is difficult and emotionally taxing, even when the economy is stable. Added to the already overwhelming financial stress that some families are already experiencing, it can seem like an insurmountable burden.

Divorce and business downsizing have a lot in common. In both processes the principals involved must analyze their assets and debts, strengths and weaknesses. In both processes honest evaluation, flexibility, organization, and planning are essential in order to have a reasonably acceptable outcome. In both processes there is anxiety, loss, and finally, a new beginning.

The process is made more efficient, perhaps even a little less painful by a willingness to accept personal responsibility, simplify, economize, and ending relationships (whether business or personal) that are no longer working.

Although emotions are likely to be running high, it is always important to step back and take a deep breath. Having family, friends, and professionals on your side that can be trusted to be honest with you while remaining supportive is important.

Information gathering is essential. It is never too soon to gather information and look at all of your options. This is especially important if you have complicating factors such as a family run business, high assets or a complicated financial picture.

Divorces can further be complicated by such factors as immigration issues, a child with a disability, or a non-traditional family structure.

A law firm with the expertise to “cross over” into various areas to assist you with the entire picture can make the process easier to handle.

Kalish Law Office 281-363-3700 The Woodlands, Texas www.kalishlawtexas.com

“Passionate, Professional and Personal. We Make the Difference” Since 1984. Divorce, Family Law, Business Law, Family Immigration, Non-traditional Family Law, Real Estate and Probate

Serving Montgomery, Harris, Walker, Waller, Fort Bend and surrounding Texas counties
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3 Sep 2010

Choosing a Name for Your New Business
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So…. you want to start a new business.

There are a lot of practical and legal considerations to doing so. Unless you have decided to just run the business under your personal name, then you are going to have to choose a name for the business. Here are some tips for doing so, from both a legal and a marketing perspective.

Ideally, the name of the business will say something about what type of business it is. A name that immediately makes the consumer think about the goods or services you provide will take advantage of every marketing opportunity.   For instance, what if you saw a business named “Yellow”? Some people would immediately think of clothing. Others would think of home decorating. Or, it could be a flower shop or gardening center. But, if the business is called “Yellow Cab Company”, the consumer does not have to guess. This means that every time a “free basic listing” occurs online or in print, the owner of that business reaps some benefit without having to pay the additional fee for a category listing.

Be memorable but know your audience.   An amusing play on words can make a business memorable. But don’t be too “cutesy” unless you are targeting babies, children or pets as your audience. A cloying, overly cute name can turn off serious consumers.

Be sure people can spell it. If you have a name that no one can spell, consumers may get frustrated when they try to find you online or when they call directory assistance. This especially applies to foreign words. Just because you think that “articoli meravigliosi” would be a great name for your Italian jewelry business, it doesn’t mean that consumers will take the time to figure out how to spell and pronounce it.

If you are marketing to particular ethnic groups you should make sure that your business name doesn’t mean something undesirable or unintentionally funny in the foreign language. If you are opening a restaurant, make sure the name doesn’t sound unappetizing.

Most importantly from a legal point of view, make sure you are not taking someone else’s business name! One of our prior blogs explained the different types of filing, for registration and protection of a business name. http://bit.ly/csSgTE   Filing/registration may be appropriate at the local, state, or federal level.

If you don’t take the time to properly name your business it could cost you dearly. You may pay the price in legal fees (defending a lawsuit against you: for using someone else’s name), lost profits (if customers can’t find or pronounce the name), and/or reprints of letterhead, business cards and website changes.

The Texas Secretary of State maintains a search function on its website so that you can check the availability of names which are registered at the state level.

An experienced business attorney can assist you with the legal aspects of the business set-up, and can share insights into the practical aspects as well. An experienced business attorney who has operated a business in your geographical area and has been experience in representing small businesses and family businesses is a wise choice.
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27 May 2010

Can I Get Out of This Contract?
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There are times when one party to a contract may want to terminate it.

This is a general list of what to look for when you are trying to determine whether you can or should terminate a contract. This list is very general, and is not specific to any one particular type of contract.

1. How long is the contract term?   Look and see how long you have left on the contract. If the initial term has run out, check the contract to see if you are now considered to have automatically renewed for a specific period or if you are now considered “month-to-month.” Analyze what you will spend (in money, time, and energy) by staying in the contract.

2. What notice must be given?   Some contracts specify how notice must be given (for instance, in writing and by certified mail and addressed in a particular way). Verbal notice alone may not be legally sufficient to cancel or terminate the contract. Mere words are subject to interpretation and won’t give you the proof you need. Witnesses to a conversation may later prove to be unreliable, unbelievable, or biased. .

3. What will happen if there is a major disagreement ?   Before you get into an adversarial position with the other party, be sure to check out what could happen. For instance, some contracts specify that the parties must go to binding arbitration.   The contract may specify that any lawsuit must be filed in a particular county or state. There may be provisions regarding who will pay attorneys fees and court costs. You will want to know all of your risks before escalating the situation.

4. Has anyone violated the contract yet? Even if the other party has violated the contract in some way, you may not have the right to terminate it or stop performing. You are more likely to be successful in pressing your position (especially in court) if you have “clean hands” and have lived up to your end of the bargain. If you have already violated the contract in some way that you thought was forgiven, you may find that issue resurrected.

5. Remember to pay attention to the specific laws that relate to your contract.   There are certain specific and sometimes unique laws that relate to each of the following contracts and transactions: real estate contracts, mobile homes sales, applications for consumer credit cards, employment contracts, and contracts for the purchase of a vehicle.   In some purchases you may have a “cooling off” period that is either written into the contract or determined by state law.   You must gather information about the specific laws that relate to your contract.

Despite all these warnings, there are times when you need to cut your losses. Whether or not that is right for you is a specific question that must be answered based on the facts of the case, the particular area of law, and financial and practical considerations.

You should always keep a copy of any contract that you sign. If there is a dispute, don’t act impulsively. Get your paperwork out, review it and gather your facts. Seek counsel from an attorney before doing anything you regret. Make sure you understand the risks and benefits of any action that you take.
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20 May 2010

Protecting Your Business Name
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You put a lot of time, effort and money into developing your business, your client base, and goodwill. One of the worst things that can happen to a business owner is to have a competitor come along and take some of the fruits of those labors. That is why it is important to protect your business name.

There are various methods to protect your business name. Which of these you choose will depend on the size of your business, where you do business, whether you have a specific geographic area that you are concerned with, the type of business you have, and your budget.

To protect your name at the county level, you should file an Assumed Name Certificate (Also called a "dba") in the county where your business is located and in every county where you do business. This is especially important for businesses which are not registered at the state level.

To protect your name at the state level, you will need to file paperwork with the secretary of state. (for example, incorporation, partnership, LLC, LLP). Once you have done this, your business name is protected at the state level. There are other legal/tax benefits and duties that come with each of these options.

If you routinely do business in another state, you should check with a business attorney about incorporation or registering your company in that state as well. (Caution: this can subject you to state fees and taxes, so you need to be sure that this is necessary and that you are prepared to pay the fees and keep up with the paperwork.)

While there is no national (federal) "business registration database", you can protect your name and/or logo nationwide by filing a copyright or trademark.

Don't neglect to register your domain name as well.

You should also consider the future of your business. If you are going to be expanding in the near future you may want to register or secure additional names or domains in advance.

If someone infringes on your name and goodwill, there are legal remedies available. However, these cases can be protracted and expensive. Although you may prevail, it is always best to avoid problems by taking preventative action.
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6 May 2010

Five Things to Do at the First Sign of a Legal Problem
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1. Gather your own information. Thanks to the internet, it is pretty easy to gather basic information about a problem, whether the problem is how to fix a leaky pipe, how to recognize the side effects of too many vitamin supplements, or what to do when you have a dispute with a vendor.   Even if your legal problem is complicated, you might benefit from knowing a few basics about your problem or the particular area of law. Some good sites for legal research: www.findlaw.com , www.martindale.com , www.avvo.com and www.nolo.com .

2. Gather and organize your facts and data.   Organize any information you have which relates to your problem. This could include documents, court orders, photos, letters, contracts or leases, computer disks, audio or video tapes. Put things in order. Make a timeline of events, if that will help. Make a list of questions that you need to have answered.   Once you are able to put your newly found knowledge together with your own particular facts, you will be able to decide if you need to seek a legal opinion.

3. If necessary, choose a lawyer. A good way to choose a lawyer is by getting a personal recommendation from a family member or friend.   The internet is a valuable research tool and you can find a searchable lawyer directory at FindLaw, Martindale, Avvo and Nolo. Lawyer directories are also available at the Texas state bar website, most other state bar websites, and many local (county or city) bar association websites. You will often be able to choose an attorney by area of law, language ability, and geographic location. These directories are especially helpful if you need a lawyer in a different state from the one in which you are living.

4. Contact the lawyer’s office for information or an appointment. When you call or email the law office, you should specify the type of case that you have, and whether you have any pending deadlines. You should also ask if the lawyer accepts clients in your particular area of law. Find out if there is a consultation fee. Since you have done your homework, you will be able to make good use of your time by bringing your summary and questions with you.

5. Make the Most of Your Consultation. Use the consult to assess the strengths and weaknesses of your position and begin to formulate a plan. Even if you have a problem that you are ultimately able to handle without retaining a lawyer, an early consultation can keep you from making costly mistakes. Taking the time to do your research and gather all information that is available to you is the most efficient way to deal with a legal situation.

WARNING: If you have been served with a lawsuit, time is of the essence and you should contact a lawyer right away. If you fail to file a properly drafted legal answer within the appropriate time you may lose the case and may be giving up some important rights and defenses.
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